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· 3/4/1985

Air France v. Saks

Citations

  • 470 U.S. 392
  • 105 S. Ct. 1338
  • 84 L. Ed. 2d 289
  • 1985 U.S. LEXIS 62
  • 53 U.S.L.W. 4270

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “liability under Article 17 of the Warsaw Convention arises only if a passenger's injury is caused by an unexpected or unusual event or happening that is external to the passenger”
  • stating that “in interpreting a treaty it is proper ... to refer to the records of its drafting and negotiation”
  • concluding that a passenger's injury was not caused by an “accident” for which the airline could be held accountable under the Warsaw Convention, but expressing no view as to whether he could maintain a state cause of action for negligence
  • Holding that French law controls the interpretation of the Warsaw Convention.
  • indicating that the plaintiff sought recovery on a state negligence action, independent of her failed Warsaw Convention claim, but declining to address the issue
  • explaining that, in an analogous provision of the Warsaw Convention, “accident” refers to the cause, rather than the occurrence of the injury

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Connor, Powell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.